Niger Delta Oil Spill Case against the Shell Company at the Hague: The Future of Corporate Environmental Responsibility
Niger Delta Oil Spill Case against the Shell Company at the Hague: The Future of Corporate Environmental Responsibility
Author(s): Collins C. NgwakweSubject(s): Energy and Environmental Studies, International Law, Business Ethics, Maritime Law
Published by: Editura Universitară Danubius
Keywords: corporate environmental responsibility; jurisdiction; parent company liability; oil spillage; multinational companies;
Summary/Abstract: It is a heinous task for plaintiffs to secure environmental justice against multinational companies’ human right and environmental violation in developing countries. The objective of this paper is to appraise the current landmark case of environmental pollution by the Niger Delta farmers against the Shell Company at The Hague. It inclines on prior work relating to jurisdiction - which poses environmental justice barrier. The paper’s approach is conceptual and discusses the latest decided oil spill case in the Dutch Court of Appeal, the Hague between Niger Delta farmers and the Shell Petroleum Development Company of Nigeria. It finds that the quest for environmental justice by communities can receive equitable hearing in foreign countries, which are home to the parent of polluting companies. However, this requires passage of many hurdles - the heavy cost, evidence, and time. It thus requires support of environmental advocacy groups. The paper highlights that corporate environmental responsibility may not always be escapable based on corporate economic girth and flimsy excuses of local sabotage. The paper provides an agenda for further analysis and constitutes a recent case for academic studies in corporate governance class in business schools. The paper is one of the first to analyse the future implication of corporate environmental responsibility, which relies on the recent oil spill case at the Dutch Court of Appeal, The Hague.
Journal: Acta Universitatis Danubius. Juridica
- Issue Year: 17/2021
- Issue No: 2
- Page Range: 27-39
- Page Count: 13
- Language: English